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Infringement of a patent within the United States or U.S Territories involves any unauthorized production, use and/or offering of distribution of patented invention. This also includes importing any patented invention within the United States during the term of patent. If a patent is infringed, the owner of the patent can sue for relief within the appropriate Federal court system. To prevent the continuation of infringement the patentee may ask the federal court for an injunction. As well as, request for damages due to the infringement.

Below are requirements that must be in writing when filing a Patent Infringement claim:

An allegation of infringement.

An expressed or implied request for compensation.

A written citation of the patent or patents that are claimed to be infringed.

A sufficient designation of the alleged infringing item or process to authorize identification.

The designation of a minimum of one claim for each infringed patent that was alleged.

Patent infringement entails consciously and unlawfully using, manufacturing, or distributing another person’s invention. A person that obtains a patent adds protection against infringement only within the jurisdiction of the government that has issued the patent protection.

When a patent is issued for software it does not cover the entire software program, it only protects the algorithms and techniques. If a software company attempts to apply for a patent that contains algorithms and techniques which are being used by other programmers it can create software patent eligibility issues.